84R1434 SCL-D
	By: Paddie	H.B. No. 970

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the sale of nicotine products to minors;
	creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter H, Chapter 161, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER H.  DISTRIBUTION OF CIGARETTES, NICOTINE PRODUCTS, OR
	TOBACCO PRODUCTS
	SECTION 2.  Section 161.081, Health and Safety Code, is
	amended by adding Subdivision (1-a) and amending Subdivisions (3)
	and (4) to read as follows:
	(1-a)  "Nicotine product" means a product that delivers
	to an individual nicotine by inhalation and that is not a cigarette
	or tobacco product. The term includes:
	(A)  an electronic cigarette or any other device
	that uses a mechanical heating element, battery, or electronic
	circuit to deliver nicotine to the individual inhaling from the
	device; or
	(B)  any substance used to fill or refill an
	electronic cigarette or other device described by Paragraph (A).
	(3)  "Retail sale" means a transfer of possession from
	a retailer to a consumer in connection with a purchase, sale, or
	exchange for value of cigarettes, nicotine products, or tobacco
	products.
	(4)  "Retailer" means a person who engages in the
	practice of selling cigarettes, nicotine products, or tobacco
	products to consumers and includes the owner of a coin-operated
	cigarette, nicotine product, or tobacco product vending machine.
	The term includes a retailer as that term is defined [has the
	meaning assigned] by Section 154.001 or 155.001, Tax Code, as
	applicable.
	SECTION 3.  The heading to Section 161.082, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.082.  SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE
	PROHIBITED; PROOF OF AGE REQUIRED.
	SECTION 4.  Sections 161.082(a), (b), and (d), Health and
	Safety Code, are amended to read as follows:
	(a)  A person commits an offense if the person, with criminal
	negligence:
	(1)  sells, gives, or causes to be sold or given a
	cigarette, nicotine product, or tobacco product to someone who is
	younger than 18 years of age; or
	(2)  sells, gives, or causes to be sold or given a
	cigarette, nicotine product, or tobacco product to another person
	who intends to deliver it to someone who is younger than 18 years of
	age.
	(b)  If an offense under this section occurs in connection
	with a sale by an employee of the owner of a store in which
	cigarettes, nicotine products, or tobacco products are sold at
	retail, the employee is criminally responsible for the offense and
	is subject to prosecution.
	(d)  It is a defense to prosecution under Subsection (a)(1)
	that the person to whom the cigarette, nicotine product, or tobacco
	product was sold or given presented to the defendant apparently
	valid proof of identification.
	SECTION 5.  Section 161.0825(e), Health and Safety Code, is
	amended to read as follows:
	(e)  It is an affirmative defense to prosecution under
	Section 161.082 that:
	(1)  a transaction scan device identified a license or
	certificate as valid and the defendant accessed the information and
	relied on the results in good faith; or
	(2)  if the defendant is the owner of a store in which
	cigarettes, nicotine products, or tobacco products are sold at
	retail, the offense under Section 161.082 occurs in connection with
	a sale by an employee of the owner, and the owner had provided the
	employee with:
	(A)  a transaction scan device in working
	condition; and
	(B)  adequate training in the use of the
	transaction scan device.
	SECTION 6.  The heading to Section 161.083, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.083.  SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
	SECTION 7.  Section 161.083, Health and Safety Code, is
	amended by adding Subsection (a-1) and amending Subsections (b) and
	(c) to read as follows:
	(a-1)  A person may not sell, give, or cause to be sold or
	given a nicotine product to someone who is younger than 27 years of
	age unless the person to whom the nicotine product was sold or given
	presents an apparently valid proof of identification.
	(b)  A retailer shall adequately supervise and train the
	retailer's agents and employees to prevent a violation of
	Subsections [Subsection] (a) and (a-1).
	(c)  A proof of identification described by Section
	161.082(e) satisfies the requirements of Subsections [Subsection]
	(a) and (a-1).
	SECTION 8.  Sections 161.084(a), (b), and (d), Health and
	Safety Code, are amended to read as follows:
	(a)  Each person who sells cigarettes, nicotine products, or
	tobacco products at retail or by vending machine shall post a sign
	in a location that is conspicuous to all employees and customers and
	that is close to the place at which the cigarettes, nicotine
	products, or tobacco products may be purchased.
	(b)  The sign must include the statement:
	PURCHASING OR ATTEMPTING TO PURCHASE NICOTINE PRODUCTS OR
	TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
	LAW.  SALE OR PROVISION OF NICOTINE PRODUCTS OR TOBACCO PRODUCTS TO
	A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.  UPON
	CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500,
	MAY BE IMPOSED.  VIOLATIONS MAY BE REPORTED TO THE TEXAS
	COMPTROLLER'S OFFICE BY CALLING (insert toll-free telephone
	number).  PREGNANT WOMEN SHOULD NOT SMOKE.  SMOKERS ARE MORE
	LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH
	WEIGHT.
	(d)  The comptroller on request shall provide the sign
	without charge to any person who sells cigarettes, nicotine
	products, or tobacco products. The comptroller may provide the
	sign without charge to distributors of cigarettes, nicotine
	products, or tobacco products or wholesale dealers of cigarettes,
	nicotine products, or tobacco products in this state for
	distribution to persons who sell cigarettes, nicotine products, or
	tobacco products. A distributor or wholesale dealer may not charge
	for distributing a sign under this subsection.
	SECTION 9.  Sections 161.085(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  Each retailer shall notify each individual employed by
	that retailer who is to be engaged in retail sales of cigarettes,
	nicotine products, or tobacco products that state law:
	(1)  prohibits the sale or distribution of cigarettes,
	nicotine products, or tobacco products to any person who is younger
	than 18 years of age as provided by Section 161.082 and that a
	violation of that section is a Class C misdemeanor; and
	(2)  requires each person who sells cigarettes,
	nicotine products, or tobacco products at retail or by vending
	machine to post a warning notice as provided by Section 161.084,
	requires each employee to ensure that the appropriate sign is
	always properly displayed while that employee is exercising the
	employee's duties, and provides that a violation of Section 161.084
	is a Class C misdemeanor.
	(b)  The notice required by Subsection (a) must be provided
	within 72 hours of the date an individual begins to engage in retail
	sales of nicotine or tobacco products. The individual shall
	signify that the individual has received the notice required by
	Subsection (a) by signing a form stating that the law has been fully
	explained, that the individual understands the law, and that the
	individual, as a condition of employment, agrees to comply with the
	law.
	SECTION 10.  Section 161.086(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Except as provided by Subsection (b), a retailer or
	other person may not:
	(1)  offer cigarettes, nicotine products, or tobacco
	products for sale in a manner that permits a customer direct access
	to the cigarettes, nicotine products, or tobacco products; or
	(2)  install or maintain a vending machine containing
	cigarettes, nicotine products, or tobacco products.
	SECTION 11.  The heading to Section 161.087, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.087.  DISTRIBUTION OF CIGARETTES, NICOTINE
	PRODUCTS, OR TOBACCO PRODUCTS.
	SECTION 12.  Sections 161.087(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  A person may not distribute to persons younger than 18
	years of age:
	(1)  a free sample of a cigarette, nicotine product, or
	tobacco product; or
	(2)  a coupon or other item that the recipient may use
	to receive a free or discounted cigarette, nicotine product, or
	tobacco product or a sample cigarette, nicotine product, or tobacco
	product.
	(b)  Except as provided by Subsection (c), a person,
	including a permit holder, may not accept or redeem, offer to accept
	or redeem, or hire a person to accept or redeem a coupon or other
	item that the recipient may use to receive a free or discounted
	cigarette, nicotine product, or tobacco product or a sample
	cigarette, nicotine product, or tobacco product if the recipient is
	younger than 18 years of age. A coupon or other item that such a
	recipient may use to receive a free or discounted cigarette,
	nicotine product, or tobacco product or a sample cigarette,
	nicotine product, or tobacco product may not be redeemable through
	mail or courier delivery.
	SECTION 13.  Sections 161.088(b) and (d), Health and Safety
	Code, are amended to read as follows:
	(b)  The comptroller may make block grants to counties and
	municipalities to be used by local law enforcement agencies to
	enforce this subchapter in a manner that can reasonably be expected
	to reduce the extent to which cigarettes, nicotine products, and
	tobacco products are sold or distributed to persons who are younger
	than 18 years of age. At least annually, random unannounced
	inspections shall be conducted at various locations where
	cigarettes, nicotine products, and tobacco products are sold or
	distributed to ensure compliance with this subchapter. The
	comptroller shall rely, to the fullest extent possible, on local
	law enforcement agencies to enforce this subchapter.
	(d)  The use of a person younger than 18 years of age to act
	as a minor decoy to test compliance with this subchapter shall be
	conducted in a fashion that promotes fairness. A person may be
	enlisted by the comptroller or a local law enforcement agency to act
	as a minor decoy only if the following requirements are met:
	(1)  written parental consent is obtained for the use
	of a person younger than 18 years of age to act as a minor decoy to
	test compliance with this subchapter;
	(2)  at the time of the inspection, the minor decoy is
	younger than 17 years of age;
	(3)  the minor decoy has an appearance that would cause
	a reasonably prudent seller of cigarettes, nicotine products, or
	tobacco products to request identification and proof of age;
	(4)  the minor decoy carries either the minor's own
	identification showing the minor's correct date of birth or carries
	no identification, and a minor decoy who carries identification
	presents it on request to any seller of cigarettes, nicotine
	products, or tobacco products; and
	(5)  the minor decoy answers truthfully any questions
	about the minor's age.
	SECTION 14.  Section 161.089, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.089.  PREEMPTION OF LOCAL LAW. This subchapter
	does not preempt a local regulation of the sale, distribution, or
	use of cigarettes, nicotine products, or tobacco products or affect
	the authority of a political subdivision to adopt or enforce an
	ordinance or requirement relating to the sale, distribution, or use
	of cigarettes, nicotine products, or tobacco products if the
	regulation, ordinance, or requirement:
	(1)  is compatible with and equal to or more stringent
	than a requirement prescribed by this subchapter; or
	(2)  relates to an issue that is not specifically
	addressed by this subchapter or Chapter 154 or 155, Tax Code.
	SECTION 15.  (a) The change in law made by this Act applies
	only to the sale or distribution of nicotine products occurring on
	or after October 1, 2015. The sale or distribution of nicotine
	products occurring before October 1, 2015, is governed by the law in
	effect immediately before that date, and that law is continued in
	effect for that purpose.
	(b)  Section 161.082(a), Health and Safety Code, as amended
	by this Act, applies only to an offense committed on or after
	October 1, 2015. An offense committed before that date is governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this subsection, an offense was committed before October 1, 2015,
	if any element of the offense occurred before that date.
	SECTION 16.  (a) The comptroller shall develop the sign
	described by Section 161.084, Health and Safety Code, as amended by
	this Act, and make the sign available to the public not later than
	September 15, 2015.
	(b)  This section takes effect September 1, 2015.
	SECTION 17.  Except as otherwise provided by this Act, this
	Act takes effect October 1, 2015.